Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you please tell me how long you have been in employment with the company and has the grievance been completely dropped against all of the team please.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Thanks for your patience. When an investigatory hearing like this one is conducted the employer is free to ask whatever questions it believes are necessary to allow it to conduct a reasonable investigation. If you strongly believe that the questions are not relevant to the allegations you are facing then you can state your reasons for not wishing to answer these and bring this to the employer’s attention. However, if the answer to these questions cannot implicate you any further then you could still answer them and the employer could then decide if they are relevant or not.
Also the fact that the same questions have been asked does not necessarily make this unfair. Whilst an independent person could lead the investigation it does not mean that they cannot get current details from the people who have been involved so far. The independency of this person would be when the results of the investigation are considered and the decision that they make. So it is not so important what questions they ask and whether they have been asked before, but how the information from the investigation is used and what they decide based on it.
Finally, the person making the complaint is not required to speak to you about the issues before making a complaint. There could be various reasons for this, for example they may feel intimidated or uncomfortable in raising this directly with you. That is why the grievance process exists and they would not be doing anything wrong by going directly down that route, rather than talking to you first.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Hi Ben and thank you for you're reply. Can I just clarify? Its ok for an independent to ask their own questions relating to a specific grievance and also include questions from others that have nothing to do with the grievance? How do they claim that is independent? Also, the OT that they employed stated that I was happy to answer questions relating to the grievance only? If they decide to discipline me for whatever reason they see fit, could I appeal on the grounds that the investigation obviously wasn't independent?
Hi it is acceptable for the investigating officer to ask whatever questions they feel are relevant, whether they are their own or from others - the independent factor comes when a decision is made on the outcome of the investigation. In any event the law does not stipulate that someone neutral has to conduct the investigation - that is the employer's choice so they would be able to make up their own rules in that respect. It is still possible to appeal on whatever grounds you want, including if you believed the investigation was flawed.
as to being disciplined whilst on holiday they should await your return if this was a prebooked holiday. The decision would stand from the date it was decided what the outcome would be, it can';t be backdated, so you are looking at the date the official disciplinary decision is made
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Thank you Ben, Do i understand then that the employer could make the decision whilst I am on holiday (before the 28th) and then inform me when im back at work what their decision was therefore still being able to take the existing disciplinary into consideration or can they only make a decision when im back from my holiday on the 29th? sorry but I need to be quite sure of the possibilities I could face.
Brilliant, Your help is greatly appreciated.
Thank you so very much!